This appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (CrPC for short) takes exception to the Judgment and order dated 15.03.2019 passed by the learned Special Judge, Morigaon, in connection with Special Sessions (POCSO) Case No. 11/2015 under Sections 376(2) (i) of the Indian Penal Code, 1860 (IPC for short) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act for short). The appellant was convicted under Section 376 (2) (i) of the IPC, read with Section 4 of the POCSO Act and sentenced to undergo rigorous imprisonment for 10 (Ten) years and to pay a fine of Rs.2,000/- (Rupees Two Thousand) with default stipulation.

Brief Facts:

2. The genesis of the case was that an FIR dated 04.09.2013 was lodged with the police at Laharighat Police Station (PS for short) by the informant-say ‘Y’ alleging inter alia that Babul Hussain (hereinafter, also referred to as the appellant), a pan shop owner committed sexual assault on the 10 year old daughter of the informant, who will hereinafter be referred to as the victim or ‘X’.

3. A Laharighat PS Case No. 209/2013 was registered under Section 376 IPC read with Section 6 of the POCSO Act